Al-Najar v. Mukasey

Petitioner Gamil Al-Najar appeals from a decision of the Board of Immigration Appeals ("BIA") affirming the Immigration Judges ("IJ") opinion that Al-Najar failed to meet his burden of proof for establishing eligibility for asylum, withholding of removal, and protection under the Convention Against Torture, and holding that Al-Najar was eligible for removal due to a 2002 Michigan state conviction for possession of a controlled substance. Al-Najar argues that he is not subject to removal because his prior conviction did not in fact involve a controlled substance and because his plea of guilty was withdrawn and his conviction vacated. AlNajar argues further that the IJ abused its discretion in declining to continue Al-Najars case, the IJ breached a duty to inform Al-Najar that he was eligible for relief under Immigration Nationality Act § 212(h), 8 U.S.C. § 1182, he was entitled to voluntary departure, and he had demonstrated that he was qualified for asylum, withholding of removal, and withholding under the Convention Against Torture ("CAT").